Arizona domestic violence laws prohibit certain violent and property crimes between intimate partners. Anyone charged for any domestic violence crime is at the risk of severe punishment. Arizona has several domestic violence laws meant to prosecute people accused of any crime of domestic violence.

If you or your loved ones are charged with a domestic violence crime, you should learn related laws in Arizona to understand your situation and rights. Most domestic violence laws are complicated. That's why it's recommendable to seek help from a professional attorney. Phoenix Criminal Lawyer is here to help you build strong defense strategies that could have the court dismiss or reduce the consequences you face. Speak to our lawyers as soon as possible and learn how we can help you.

Domestic Violence Crimes in Phoenix

The term "domestic violence" is not itself an independent crime. There are several crimes attached to it. It can be confusing to people charged with domestic violence when they are charged with specific offenses. Here is a detailed view of some of the common types of domestic violence crimes in Arizona.

Child Endangerment

Parents, babysitters, grandparents can be charged for child endangerment under Arizona laws. Child endangerment is a severe offense in Arizona, which has serious repercussions. In Arizona, there is no specific law dealing with child endangerment. The only law related to endangerment is broad and involves people of every age group.

According to Arizona Revised Statutes(ARS) 13-1201, you can be charged with endangerment if you leave someone else with a substantial risk of imminent death or injury. Since a child in Arizona is an individual under 18 years, endangering a child is referred to as child endangerment, although it's not a specific crime.

ARS 13-105 defines "a reckless action" as being aware of and consciously disregarding the substantial risk that another person is or deviating from a reasonable person's standard of conduct. Situations that explain child endangerment include:

  • Leaving your child unattended in a vehicle
  • Failing to report suspected child abuse
  • Leaving a child unsupervised or under inadequate supervision
  • Failing to protect a child from injury
  • Being under the influence of alcohol or drugs while you're taking care of a child

Penalties for Child Endangerment in Arizona

The type of penalties for child endangerment varies, depending on the circumstances of the situation. Child endangerment without the risk of imminent physical injury is a Class 1 misdemeanor punishable by a maximum of six months in jail and a fine of up to $2,500. Child endangerment with the risk of imminent death is a Class 6 felony punishable by 6-18 months in prison and a minimum fine of $750.

Your arrest and conviction can also put your criminal history available in background checks and loss of civil rights like gun ownership if convicted for a felony.

Custodial Interference

ARS 13-1302 is the statute that governs everything to do with custodial interference. Under this statute, a person is charged with custodial interference if they knowingly act contrary to the parental rights or against the legal parental rights. Some of the instances that define custodial interference include:

  • Refusal to return a child to a parent at the scheduled parenting time
  • Limiting contact between a child and the other parent
  • Enticing a child away from the custodial parent
  • Taking a child before court orders are issued
  • Taking a child while it's not your scheduled parenting time

These are only common forms of custodial interference, but additional forms can occur depending on your actions.

Penalties for Custodial Interference in Arizona

Since custody is a court-ordered agreement, breaching your custodial agreement is enforceable by the law. There are severe penalties related to these actions, and they are as follows:

  • Interference by non-parents: Class 4 felony punishable by 1- 2.5 years in prison
  • Taking the child out of state: Class 4 or Class 6 felony punishable by one or two years in prison
  • Taking a child and returning him within 48 hours and is unharmed: Class 1 misdemeanor punishable by six months of custody in jail

Apart from the penalties described above, individuals convicted for custodial interference are also at risk of losing their parental rights or have their custodial terms altered by the court.

Unlawful Imprisonment

Unlawful imprisonment or restraining another person is committed when someone knowingly restrains another person. Restraint does not necessarily require physically holding another person. It's a broad term that defines restricting another person's movement without consent or legal authority and in a manner that interferes with that person's liberty.

Penalties for Unlawful Imprisonment in Arizona

Unlawful imprisonment is a serious crime punishable as a Class 6 felony or a Class 1 misdemeanor. A Class 6 felony is punishable by four months to 2 years of custody in prison, maximum probation of three years, and a maximum fine of $150,000. It can also lead to the loss of your gun rights and right to vote.

A class 1 misdemeanor is punishable by six months in jail, a maximum fine of $2,500, and three years of probation. Both Class 6 felony and Class 1 misdemeanor can put your criminal history available in the criminal background, making it difficult to find housing, loans, licenses, and work.

Kidnapping

ARS 13-1304 governs everything to do with kidnapping in Arizona. Under this statute, you can be guilty of kidnapping if you voluntarily hold another person to:

  • Use the victim to commit a felony
  • Take control of a vehicle
  • Commit a sexual offense
  • Cause injury or death to the person

Kidnapping in domestic violence crimes can occur when an individual targets a minor by taking them away from one parent when there are custodial indifferences between them.

Penalties for Kidnapping in Arizona

Kidnapping can be classified as Class 2, 3, or 4 felonies. Class four felony kidnapping involves a situation where the defendant voluntarily releases the alleged victim to a safer place without subjecting him or her to sexual acts, physical harm, or ransom demands. A class 4 felony is punishable by a minimum of 1.5 years and a maximum of 3.75 years of imprisonment.

Defendants are charged with a Class 3 felony when they do not inflict any harm on the alleged victim and negotiate the terms of the victim's release with law enforcement officers. A class 3 felony in Arizona is punishable by a minimum of 2.5 years in and a maximum of 8.75 years in prison.

Defendants are charged with a Class 2 felony when they didn't voluntarily release the victim, committed a sexual crime against the victim, inflicted injuries to the victim, and use the victim to commit a felony offense. A class 2 felony in Arizona is punishable by a minimum of 4 years and a maximum of 12.5 years in prison.

The court could charge you with an automatic Class 2 felony when the alleged victim was 15 years old or younger. In this case, the penalties are different since it's punishable by life imprisonment.

Sexual Assault

ARS 13-1406 defines sexual assault as engaging in sexual contact or intercourse with another person without his or her consent. Sexual assault is commonly referred to as rape, rape of a minor, date rape, or statutory rape.

While defining "without consent," this means that:

  • The victim was coerced or threatened
  • The victim was incapable of consenting due to alcohol impairment, mental disorder, or drug-impairment
  • The victim was knowingly deceived to consent to the act
  • The victim was deceived that the perpetrator is his or her spouse

Penalties for Sexual Assault in Arizona

Generally, sexual assault is convicted as a Class 2 felony in Arizona. However, the penalties vary depending on the individual's prior criminal history. First-time offenders are punished by 5.25 to 14 years of imprisonment and a fine ranging between $750 to $150,000.

Individuals with one prior felony on their records are punished by 7 to 21 years in state prison and a fine ranging between $750 to $150,000.

Individuals with two or more prior felonies are punished by 14 to 28 years of imprisonment and a fine ranging between $750 to $150,000.

Along with the fines and state prison terms, defendants may also be required to register as sex offenders for life. If the alleged assault involved an alleged victim below 15 years, the defendant is at risk of life imprisonment without the opportunity to suspend the sentence, pardon, or probation.

Criminal Trespass

Criminal trespass in Arizona is charged under three statutes. These statutes include ARS 13-1502, 13-1503, and 13-1504. It can be classified as domestic violence when the perpetrator, property owner, or occupier are family members or people who share intimate relationships.

Penalties for Third-Degree Trespassing in Arizona

ARS 13-1502 defines third-degree trespassing as entering another person's real property even after a law enforcement officer, the specific property owner, or another person in charge of the property tells you to leave.

Third-degree trespass is the least severe classification of criminal trespassing crime in Arizona. It's a class 3 misdemeanor punishable by a maximum of 30 days in jail and a maximum fine of $500.

Penalties for Second-Degree Trespassing in Arizona

Second-degree trespass under ARS 13-1503 is defined as knowingly entering or remaining unlawfully in a fenced commercial yard or non-commercial structure. It's punishable as a Class 2 misdemeanor. Penalties include a maximum of four months in jail and a maximum fine of $750.

Penalties for Third-Degree Trespass in Arizona

ARS 13-1504 defines third-degree trespass through six criminal activities. They include the following:

  • Entering a fenced residential yard
  • Entering another person's yard and looking into their home, which violates their privacy
  • Entering another person's property that has mineral claims, intending to take the minerals
  • Entering into a residential structure
  • Entering someone else's property and manipulating or defacing a religious symbol owned by the person
  • Entering a public service facility

Remember, for all these activities to qualify as domestic violence crimes, the target person or perpetrator should be an intimate partner.

Third-degree trespass can be charged as Class 1 misdemeanors or Class 6 felonies. The first three on the list are charged as Class 1 misdemeanors and are punishable by a maximum of six months in county jail and a maximum fine of $2,500. The last three activities are Class 6 felonies with a presumptive sentence of one year, with the possibility of stiffer penalties for repeat offenders. Defendants are also at risk of paying fines of up to $150,000.

Criminal Damage

ARS 13-1602 defines criminal damage as defacing, damaging, or tampering with another person's property. Criminal damage becomes a crime of domestic violence if the perpetrator or alleged target person are intimate partners.

Penalties for Criminal Damage in Arizona

ARS 13-1602 punishes individuals convicted for criminal damage according to the value of the dollar value of the damaged property. The court determines the dollar value of the damaged property based on:

  • The cost of the labor to repair the damaged property
  • The cost of material used to repair the damage
  • The cost of equipment used to repair the damage

Penalties for criminal damage depend on the value of the property. therefore, for property valued at:

  • Less than $250, the offense is a Class 2 misdemeanor and can lead to a maximum of four months in jail
  • $250 to $1,000, the crime is a Class 1 misdemeanor with a maximum jail term of six months
  • $1,000 to $2,000, the offense is a Class 6 felony with a maximum of one year in jail or prison
  • $2,000 to 10,000, the offense is a Class 5 felony with a maximum of 18 months in prison or jail
  • More than $10,000, the offense is a Class 4 felony with a maximum of 2.5 years in prison
  • $5,000 or more for intentionally damaging a utility, the crime is a Class 4 felony with a maximum of 2.5 years in prison

Disorderly Conduct

ARS 13-2904 defines disorderly conduct as knowingly conducting an action to disrupt the peace of a family, neighbor, or person. Some of the activities that define disorderly conduct or disturbing peace include:

  • Unreasonable noise
  • Fighting or any other violent behavior
  • Displaying or recklessly handling a deadly weapon
  • Refusing to leave a scene of danger even after being ordered by a law enforcement
  • Provoking a fight or attempting to prove a fight using offensive gestures or abusive language

Penalties for Disorderly Conducts in Arizona

Most disorderly conducts or acts that disturb the peace are charged as Class 1 misdemeanor. Arizona Class 1 misdemeanor comes with several penalties, including a maximum sentence in county jail for six months, a fine of up to $2,5000, and forfeiture of your gun rights.

Disorderly conduct involving the use of a weapon or dangerous instrument is charged as a Class 6 felony. Class 6 felony is punishable by a minimum of 1.5 years and a maximum of 3 years in prison. You will also lose your gun rights and other civil privileges.

Cruelty to Animal

ARS 13-2910 defines animal cruelty as knowingly or recklessly leaving an animal unattended, confined in a vehicle, physically injuring the animal, or leaving the animal to die. In cases related to domestic violence, you can be charged with animal cruelty if you do any of the prohibited actions against an animal owned by an intimate partner. This could be done to revenge, anger, or do something terrible to your partner.

Penalties for Animal Cruelty in Arizona

Animal cruelty is usually charged as a Class 1 misdemeanor. Convictions can lead to three years of probation, maximum custody of six months in jail, and a maximum fine of $2,500.

Aggravated cases are charged as Class 5 or 6 felonies. Class 6 felonies carry a maximum of two years in prison, while Class 5 carries a maximum fine of 2.5 years.

Prevention of Telephone Use in an Emergency or False Representation of an Emergency

ARS 13-2915 defines prevention of telephone use in an emergency or false representation of an emergency as knowingly refusing to yield a line to another person to report an emergency. In this context, emergency involves situations in which property or human life is in jeopardy and prompts aid. Summons include calling the police, medical attention, or a fire. The person refusing the request must have reasonable knowledge that there is an emergency.

Penalties for Violating ARS 13-2915

Violating ARS 13-2915 is a Class 2 misdemeanor punishable by a maximum of four months in county jail and a maximum fine of $750.

Use of Telephone to Threaten, Intimidate, Harass, Annoy or Offend

ARS 13-2916 makes it unlawful to use a telephone to annoy, intimidate, threaten, or harass another person. It also makes it unlawful to use obscene, lewd, or profane language or suggest any lascivious or indecent act through a phone.

Perpetrators must commit this crime at the origin of the telephone call or where the alleged victim received the call. ARS 13-2916 can be related to domestic violence if you make annoying, intimidating, or threatening phone calls to an intimate partner.

Penalties for ARS 13-2916

Violation of ARS 13-2916 is a Class 1 misdemeanor, punishable by maximum custody in county jail for six months and a maximum fine of $2,500.

Stalking

Everything to do with stalking is defined under ARS 13-2923. This statute identifies two types of stalking. The first type involves the intentional or knowingly engagement in conducts directed to other people, which cause that person to suffer reasonable fear or distress that:

  • Their property will be destroyed or damaged
  • They will be physically injured
  • A member of their family member would be physically injured
  • Their domestic animal or livestock would be physically injured
  • Someone they had previously had a romantic or sexual relationship would be physically injured
  • Someone who regularly lives in their household would be physically injured
  • Someone residing in their household within six months would be physically injured before the conduct occurred

If you are convicted for this first type of stalking, you will be charged with a Class 5 felony.

In the second provision, individuals can commit stalking if they intentionally or knowingly engage in conduct directed to another person. Subsequently, those conduct made the victim suffer reasonable fear that:

  • A member of their family would occur
  • Their domestic animal or livestock might die
  • Someone who previously had a romantic or sexual relationship might die
  • Someone who regularly resides in their household might die
  • Someone who has lived in their household within six months might die before the conduct occurred

The second provision of stalking is a Class 3 felony.

Penalties for Stalking in Arizona

First-time offenders for the first provision of stalking offense are at risk of a presumptive prison term of 1.5 years and a range of 9 months to 2 years if the crime is non-dangerous. In dangerous crimes, the presumptive time is three years with a range of 2 to 4 years.

Offenders for the second provision are punishable by 30 months to 3.5 years in prison for a non-dangerous offense. A dangerous Class 3 felony is punishable by 5 to 15 years in prison with a presumptive term of 7.5 years.

Nonconsensual Disclosure of Explicit Images

It's a crime to disclose an explicit image of another person without consent under the circumstances in which that person expected privacy. Specific Arizona laws prohibit surreptitious photography or nonconsensual pornography.

Under ARS 13-1425, it's a crime to disclose images of another person if:

  • The person depicted in the image is identifiable from the image or the information displayed with it
  • The image depicts that person engaging in sexual acts or a state of nudity
  • The photo was taken when the depicted person had a reasonable expectation of privacy
  • The photo was meant to harass, intimidate, threaten, or harm that person

This statute also applies several definitions in the terms used to describe the actions that it prohibits. These include:

  • Image: Means a photograph, digital recording, and videotaping
  • Disclose: Means publishing, displaying, or advertising
  • State of nudity: means depiction of female breast, anus, or genitals (ARS 11-811 (D) (14))

Under ARS 13-1424, it's a crime to invade another person's privacy to stimulate yourself sexually. It also outlaws the disclosure of photos, videotapes, or digital recordings without the consent or knowledge of the depicted person.

Penalties for Nonconsensual Disclosure of Explicit Images in Arizona

Unlawful disclosure of explicit images using other means rather than electronic means is a Class 5 felony. Penalties include nine months to two years of imprisonment and a maximum fine of $150,000.

Unlawful disclosure of explicit images using electronic means is a Class 4 felony. Penalties include 1.5 years to 3 years in prison and a maximum fine of $150,000.

Threatening to disclose another person's explicit images is a Class 1 misdemeanor. Convictions can lead to a maximum fine of $2,500 and six months in county jail.

Contact a Domestic Violence Lawyer Near Me

Domestic violence convictions can be devastating. If you or someone you love is facing any form of domestic violence charges, Phoenix Criminal Lawyer is here to help. We will help assess your situation and discuss your options. Call us today at 626-626-7075 and schedule an appointment with us.